Driving under the influence of psychoactive substances

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Traffic control by the police on Rügen dam (2006)

The driving under the influence of psychoactive substances , the ability to drive influence ( alcohol , other drugs or specific drugs ) - legal concept in Germany "drunk driving", in Switzerland "driving in a drunken state" (FIAZ) - is present in almost all countries punishable by the world as an offense or punished as an administrative offense (depending on the impact and the consequences). However, the sanctions and criminal side effects of exceeding the specified blood alcohol concentrations and / or breath alcohol concentrations and driving under the influence of drugs and medication differ considerably from country to country. The first verifiable warning fine for “drunk driving” in Europe was imposed on a taxi driver in Great Britain on September 10, 1897.

Effects of alcohol on the road

In the European countries there are different limit values ​​from which driving under the influence of alcohol is punishable. These detection limits are often wrongly interpreted to mean that driving “below” is permitted . Alcohol consumers often make their driving decisions - either habitually or due to current stress factors - not on the basis of objective facts (drinking quantities), but on the basis of subjective assessments of their ability to drive. People who are used to alcohol often feel fit to drive at more than 1  ‰ and, depending on the degree of habituation and stomach content, at 2 and 2.5 ‰. Such miscalculations explain the dangers of alcohol in road traffic as well as the (dubious, but often solidified) learning experience that alcohol rides often "good to go," lead so not the accident or traffic delay (the so-called. Underreporting of unobtrusive alcohol rides is between 1: 300 and 1: 2000 estimated; the risk of detection for the drunk driver is 0.33% to 0.05%). People with this learning experience represent a high-risk group, as they deduce from their "personal unreported figure" that driving under the influence of alcohol is not dangerous.

Alcohol impairment begins with a low dose and increases as alcoholism progresses. They are best researched of all intoxicants .

Changes in perception under the influence of alcohol

  • The eye's sensitivity to glare is increased because the pupils of the eyes close too slowly when there is a sudden incidence of light ("oncoming" headlights). Most alcohol rides take place at night. This increases the risk of accidents considerably.
  • The distance estimate becomes unreliable because the eye lens no longer switches quickly enough from near to far and vice versa under the influence of alcohol. The drunk driver often drives too close.
  • The speed estimate also becomes unreliable as a result of the poor distance estimate, since the speed is calculated by the brain from the perceived change in distance and the elapsed time.
  • The field of vision is narrowed, the so-called tunnel vision occurs. Information from the edges of the field of view (pedestrians, vehicles approaching from the side) is perceived much worse.

Information processing

  • Information processing (nerves / brain) takes longer under the influence of alcohol , for example until a perceived issue is recognized as a danger.

Limited ability to act

  • The speed of the reaction slows down even with small amounts, the effect increases with higher amounts. If the danger is perceived, the reaction is delayed.
  • The sure execution of the necessary reaction is - if it finally occurs - considerably worse. Drunk people, for example, brake much harder, steer more jerkily, and countersteer does not succeed.

Influence on thinking

Alcohol relaxes and uninhibits. When driving, self-confidence and the willingness to take risks increase . Increased self-confidence with reduced performance leads to more driving errors.

Risk of accidents under the influence of alcohol

Postage stamp, 1971

Alcohol is the biggest risk factor in road traffic, both in terms of frequency and severity of accidents. Every year, well over a million people worldwide die as a result of traffic accidents , i.e. around 4,000 per day. In 2001 in Germany alone, a total of almost 65,000 traffic accidents in which alcohol played a role were registered. 909 people were killed.

The consequences of alcohol accidents are particularly severe. For every 1,000 traffic accidents with personal injury, there are an average of 16 fatalities, compared to 27 fatalities in alcohol accidents.

According to the statistics of the Association of Liability Insurers, every fourth serious traffic accident in Germany can be traced back to the influence of alcohol, despite multiple preventive efforts and awareness-raising campaigns and controls. Only a fraction of all journeys under the influence of alcohol are discovered through traffic controls and punished.

However, the death toll has decreased significantly in recent years. In 2005, “only” 603 people were killed in alcohol-related traffic accidents in Germany, ie 11% of all road deaths. In 2014 the number fell to 260 fatalities.

Presentation of the topic in the media

There are extensive programs and media campaigns on the subject of “Driving under the influence”, but the effects of these are usually not evaluated.

The Austrian Federal Ministry for Transport, Innovation and Technology provides a current example of campaigns against driving under the influence of alcohol with the video The First Time . This campaign started on November 6, 2009.

Legal Regulations

The protective purpose of the sanctions is the general interest in the safety of road traffic and to protect against significant dangers to life and limb. Furthermore, economic considerations take effect (damage to the general public).

Alcohol limits in Europe

Alcohol limits in Europe
Europe map with alcohol limits in the countries
Color key
  • 0.0 ‰
  • 0.2 ‰
  • 0.3 ‰
  • 0.4 ‰
  • 0.5 ‰
  • 0.8 ‰
  • Not specified
    • Country-specific additional regulations were not taken into account.

    The approved alcohol limits in European countries are:

    • in Germany :
      • 0.0 ‰ since August 1, 2007: Absolute alcohol ban for novice drivers during the probationary period and before the age of 21 (OWi according to § 24c StVG). This administrative offense is classified as a serious offense and punished with a fine of 250 € and a point in the central traffic register in Flensburg, which according to § 2a Abs. 2 StVG for ordering participation in a follow-up seminar (costs: around 300 €) and for extending the trial period leads by two years.
      • 0.0 ‰: There is an absolute ban on alcohol for vehicle drivers who commercially drive a motor vehicle for which a passenger transport license (bus, taxi) is required, as well as for other operating personnel employed in the driving service ( § 8 Paragraph 3 Item 1 BOKraft) .
      • 0.3 ‰: In the event of culpable involvement in a traffic accident or typical alcoholic driving style, the driver's license is generally withdrawn, or at least temporarily withdrawn by the police.
      • 0.5 ‰ in the blood or 0.25 mg / l in the breath (when determining breath alcohol ) without abnormal driving behavior: driving ban , in the case of recurrence checking of fitness to drive as part of an MPU .
      • 1.1 ‰: Absolute inability to drive ( fitness to drive is no longer given even without abnormal driving behavior): traffic offense , withdrawal of the driving license for at least six months plus 3 points. MPU in some federal states.
      • 1.6 ‰ or driving twice under the influence of alcohol: Medical-psychological examination before a new driving license is issued. Over 1.6 ‰ MPU even with a single bike ride.
    • in Austria :
      • 0.1 ‰ for drivers of trucks and buses , for moped and tractor drivers up to 20 years of age, as well as for drivers of passenger cars up to 21 years of age (in multi-phase training or probationary period) and students and teachers in practical driver training
      • 0.5 ‰ for motor vehicles and power links
      • 0.5 ‰ –0.79 ‰: reservation offense , fine of € 300 to € 3,700
      • 0.8 ‰ –1.19 ‰: Fine of € 800 to € 3,700 and 3-hour traffic coaching
      • 1.2 ‰ –1.59 ‰: Fine of € 1,200 to € 4,400, 15 hours of follow-up training and four months of driving license withdrawal
      • 1.6 ‰ and above: fine of 1,600 to 5,900 €, 18 hours of follow-up training, demonstration at the medical officer , traffic psychological examination and six months of driving license withdrawal
    • in Italy :
      • 0.0 ‰ For professional drivers of transport vehicles, new drivers under the age of 21 and drivers of trucks and buses .
      • 0.5 ‰ to 0.8 ‰ - fine from 500 € to 2000 €, suspension of the driving license for 6 months, for holders of an Italian driving license: 10 points deduction.
      • 0.8 ‰ to 1.49 ‰ - fine between 800 € and 3200 €, driving license withdrawal between 6 and 12 months, for holders of an Italian driving license: 10 points deduction.
      • over 1.5 ‰ - fine between 1500 € and 6000 €, driving license withdrawal up to 24 months (48 months if the vehicle driver does not correspond to the vehicle owner), prison sentence of 3 to 6 months according to the StGB, expropriation of the vehicle if the vehicle driver is also the vehicle owner for Holders of an Italian driver's license: deduction of 10 points and permanent withdrawal of the driver's license in the event of a relapse within two years, expropriation of the vehicle if the driver is also the vehicle owner.
    • in Poland :
      • 0.2 ‰ for all drivers (including novice drivers)
      • up to 0.5 ‰ at least 145 EUR fine and driving ban, up to 30 days imprisonment possible
      • over 0.5 ‰ a fine is imposed by the court, there is a risk of driving bans and longer prison sentences.
      • Until 2003, imprisonment for cyclists was also common, since then the drink unit has only been considered an administrative offense for cyclists (maximum 30 days arrest or 5000 zloty)
    • in Albania , Moldova , Romania , Ukraine , Hungary , Estonia , Slovakia , and the Czech Republic : 0.0 ‰
    • In Russia , the alcohol limit was 0.0 ‰ until mid-2013. Because of the many complaints about incorrectly calibrated measuring devices and corresponding misjudgments, a value of 0.16 per thousand in the breath will be considered permissible in the future. However, the penalties were increased at the same time. The first violation is to be punished with a fine of around 755 euros. There is also a threat of withdrawal of the driver's license (18 to 24 months). Anyone caught a second time with alcohol behind the wheel must surrender their driving license for three years and pay a fine of around 1150 euros.
    • in Norway and Sweden : 0.2 ‰
    • in Bosnia-Herzegovina and Belarus : 0.3 ‰
    • in Lithuania : 0.4 ‰, novice drivers and drivers of vehicles over 3.5 tonnes or buses: 0.2 ‰
    • in Belgium , Bulgaria , Denmark , Finland , France , Greece , Ireland , Iceland , Kosovo , Croatia , Latvia , Luxembourg , North Macedonia , Montenegro , the Netherlands , Portugal , Serbia , Slovenia , Spain , Switzerland and Turkey (only for cars without Trailer, otherwise 0.0 ‰), Cyprus : 0.5 ‰
    • in Great Britain , Liechtenstein and Malta : 0.8 ‰

    Germany

    The Criminal Code defines in § 316 determines the Criminal Code: "Who [...] a vehicle in traffic leads , though he is not able due to the consumption of alcohol or other intoxicating substances, to drive the vehicle safely, with imprisonment up to one year or punished with a fine… ”. Whoever commits the act negligently is also punished. The act is a so-called abstract endangering offense, so the dangerous act itself is punished, a concrete endangering is not important. If the health of other people or other people's property of considerable value are specifically endangered, the act is threatened with a higher penalty as a hazard to road traffic according to Section 315c of the Criminal Code .

    The punishment is not limited to motor vehicles . Even those who ride a bicycle , horse-drawn vehicle or cycle rickshaw under the influence of alcohol can be liable to prosecution. It also says "... or other intoxicating substances ...". Section 316 StGB also applies accordingly to the consumption of mind-altering intoxicants or drugs . In the case of drugs and medication, there are no statutory limits below which driving would still be permitted.

    The renewal of the driving license after revocation is dealt with separately in the driving license ordinance for alcohol and "drugs" / medication: § 13 FeV concerns the "clarification of suitability doubts in the case of alcohol problems", § 14 FeV the "clarification of suitability doubts with regard to narcotics and drugs". This different approach is criticized by experts, since it can be intoxicants in all cases .

    Driving under the influence of illegal drugs

    When driving under the influence of cannabis use, a value of 1 ng / ml has become established as the defined limit of fitness to drive in judicial practice. For other substances, other values ​​are recommended as the limit of driving ability: morphine (10 ng / ml), BZE (75 ng / ml), MDMA (25 ng / ml), MDE (25 ng / ml), amphetamine (25 ng / ml ). In this respect, these are recommendations of the Limit Value Commission of November 20, 2002. These analytical limit values ​​are not automatically limit values ​​below which driving vehicles is permitted (i.e. hazard limit values). In practice, however, this is usually the case, at least for cannabis (BVerfG, December 21, 2004). This only applies to convictions according to § 24a StVG, not to § 316 StGB. Since there are no binding limit values, a criminal offense only occurs if, in addition to drug use, there is a symptom of failure that can be traced back to the drug use, for example a causal driving error. The mere fact that a drug user has reddened eyes is not enough on its own. After a driving under the influence of cannabis from driving, if the value is above 1 ng be fed for a longer time / ml.

    Particular attention must be paid to the information on cannabis in blood in Germany. International, e.g. B. in Switzerland, information is determined in whole blood, in Germany, however, in blood serum, which increases the concentration and ultimately leads to a value more than twice as high.

    “After smoking cannabis, the THC level in the blood reaches its maximum after five to ten minutes, but then quickly drops again within the first hour. In a study by Huestis et al. (1992) the THC value three to four hours after smoking a 34 mg THC joint (corresponds to a rather strong dose) in all test subjects was between 1 and 4 ng / ml blood. The breakdown product THC-COOH can still be detected in the blood and especially in the urine for days to weeks and therefore does not provide any information about the current impairment. In addition, Skopp et al. (2003) show that even with occasional users, low THC concentrations can still be detected up to 48 hours after consumption, at a time when effects are no longer to be expected. The research results presented show that adverse effects that can be of importance for road safety occur primarily with higher THC concentrations and in the first three hours after smoking begins. But even after this time, when the effects of THC have already subsided, low THC concentrations can still be detected in the blood. The zero tolerance limit, as it is stipulated in traffic law, is therefore not tenable from a scientific point of view and can rather be viewed as part of general drug prevention and health policy. On the other hand, a limit that would separate impaired from unimpaired drivers (corresponding to 0.5 ‰ alcohol) and based on the empirical findings shown could be 7 to 8 ng THC / ml serum. A limit value below which the question of driving uncertainty should not be discussed (corresponding to 0.3 ‰ alcohol) could be 3 ng THC / ml serum. "

    - Quote from the documentation of the 12th meeting of the Addiction Network in Bavaria from 2005

    According to § 24a StVG, anyone who drives a motor vehicle under the effect of an intoxicating substance named in the appendix to this regulation is acting improperly. Such an effect exists if a substance named in the annex "List of intoxicating substances and substances" is detected in the blood: (a) cannabis / tetrahydrocannabinol (THC), (b) heroin / morphine, (c) morphine / morphine, (d) cocaine / benzoylecgonine, (e) cocaine / cocaine, (f) amphetamine / amphetamine, (g) designer amphetamine / methylenedioxyamphetamine (MDA) (h) designer amphetamine / methylenedioxyethylamphetamine (MDE), (i) designer amphetamine / Methylenedioxymethamphetamine (MDMA), (j) metamphetamine / metamphetamine.

    The consequences are considerable. After the driver's license has been withdrawn, a medical-psychological examination is regularly requested before a new one is issued . The same applies to those who have a driver's license in order to clarify whether there is a drug addiction, drug abuse or habitual consumption. Exceptions and certain tolerance limits apply as usual in the case of driving under the influence of alcohol, the negative effect of nicotine on driving behavior is neglected. The cost of the examination is between 500 and 650 € and must be borne by the person concerned.

    In addition, several quality-assured (usable in court) urine or hair analyzes are usually required over a period of six months to one year. A thorough examination of the causes of drug consumption and the requirements for permanent drug abstinence is highly recommended before conducting an MPU ; there are also exceptions for alcohol. There are various traffic psychological offers for this.

    Driving under the influence of medication

    About 20% of the drugs approved can have a negative impact on the ability to drive. For example, a good 10% of all those responsible for accidents have benzodiazepines in the blood, sometimes combined with alcohol or other drugs. In addition to the drugs that affect the psyche, pain and diabetes drugs can also have an influence. The doctor and pharmacist are obliged to inform patients about the risks involved in driving. Doctors treating with painkillers can issue an opioid certificate stating the legally compliant intake of marketable and prescription narcotics.

    Driving under the influence of alcohol

    The alcohol limits and their legal consequences are different in Germany. They partly concern criminal offenses , partly administrative offenses .

    When the blood is taken, alcohol-related symptoms are usually recorded. In this case, inconspicuous appearances with high BAC usually show a high level of alcohol habit or resistance to toxins. This explains why many of those affected behave inconspicuously even with high alcohol levels, speak and operate the vehicle over long distances without accidents. However, getting used to alcohol does not reduce the risk of accidents, as the ability to react in dangerous situations is severely limited due to the increased reaction times.

    In Germany, the Federal Court of Justice first set a limit of 1.5 per mille in 1953. Exceeding limit values ​​were only punished in the event of an accident. In 1966 the limit was lowered to 1.3 per thousand, in 1973 to 0.8 and in 2001 to 0.5 per thousand.

    0.0 per mille limit since August 1, 2007 (new § 24c StVG)

    For novice drivers with a driving license issued in Germany during the probationary period and people under the age of 21, an absolute alcohol ban has now been introduced. This law came into force in Germany on August 1, 2007. An administrative offense is committed by anyone who, during the probationary period in accordance with Section 2a StVG or before the age of 21 as a driver of a motor vehicle, consumes alcoholic beverages or starts driving even though he is under the influence of such a beverage. In any case, this means a fine of 250 € and 2 points in the central traffic register in Flensburg. If you are still in the trial period, this will be extended by 2 years. Furthermore, because of the so-called " A violation ", there is an advanced seminar according to § 36 FeV. This consists of a course with a preliminary talk and three sessions of 180 minutes each over a period of two to four weeks as well as the preparation of course tasks between the sessions (costs: around € 300). Exceeding the deadline for the advanced seminar will be regarded as a refusal and will result in the withdrawal of the driving license.

    0.3 per mille limit and relative inability to drive

    Driving a vehicle under the influence of alcohol is a criminal offense if you are unable to drive . According to a decision of the Federal Court of Justice (BGH) in April 1961, there is a (“relative”) inability to drive from 0.3 ‰ if there is alcohol-related failure or an accident . Above this limit, all consequences associated with a criminal offense can occur ( fine or imprisonment , withdrawal of the driver's license ). If, on the other hand, there are no such failures, for example because the driver is used to drinking, there is no criminal liability. However, such drinking stability is also an indication of a possible alcohol problem. In the event of such anomalies, the driver's license can also be withdrawn by the road traffic authority - if they occur frequently .

    One measure used to present alcohol-related deficits in criminal proceedings in writing is the "Torkelbogen". In it one records observations such as deficiency symptoms, external appearance, pupil shape, reddened eyes, fresh or old alcohol streak and language (washed out etc.). This document is pending the notification and can be used in court. So the arc is not insignificant for criminal proceedings. Example: A suspect has a high alcohol level, but few symptoms of failure. So it can be assumed that this is a habitual drinker who u. U. can still control his actions despite high alcohol levels.

    0.5 per mille limit
    A 0.8-per-thousand- intoxication glasses for demonstrating driving under the influence of alcohol

    The 0.5 ‰ limit has been in force since April 1, 2001. It replaces the previous 0.8 ‰ limit that was passed by the German Bundestag on June 14, 1973, following the law on the maximum permissible alcohol concentration when using motor vehicles . Although it has no relevance for criminal law , if the blood alcohol concentration at the time of driving under the influence of alcohol is 0.5 ‰ or more, the driver is committing the administrative offense of § 24a StVG. The sanctions are not only fines (standard rate 500 €), but also a driving ban for between one and three months (standard rate one month) and two points in the register of fitness to drive ; The standard rates and the fine increase significantly in the case of repeat offenders: to 1000 € including a summons for a medical-psychological examination the second time, regardless of how high the blood alcohol concentration was, the third time to 1500 € fine.

    1.1 per mille limit (absolute inability to drive)

    Absolute driving incapacity is given if the blood alcohol concentration (BAC) is 1.1 ‰ or more. If this limit is exceeded, it is in any case a criminal offense according to § 316 StGB, without any failure phenomena. Possible sanctions are fines (usually at least 30 daily rates) or imprisonment of up to one year, usually withdrawal of the driving license with a blocking period for re-issuance (for first-time offenders usually nine to twelve months, for offenders with a criminal record possibly significantly longer) and three Points in the register of fitness to drive . In the case of offenders with a relevant criminal record, in practice, depending on the speed of recidivism, significantly higher fines or imprisonment with or - especially in the case of a new offense during the current probation period - without probation are imposed.

    The blood alcohol concentration at the time of the blood sample can be counted back to the blood alcohol concentration at the time of the offense in accordance with the case law of the BGH as follows: The first two hours before the blood sample is not taken into account, for the time before an hourly decrease of 0.1 ‰ is to be expected calculate. Example: If, for an offense at 8:00 p.m., the blood sample at 12:00 p.m. resulted in a value of 1.0 ‰, count back from 10:00 p.m. with an hourly reduction of 0.1 ‰ to the time of the offense 8:00 p.m., so that the blood alcohol concentration at the time of the crime was 1.2 ‰.

    Alcohol addiction, relative inability to drive

    In German road traffic law, the question of getting used to alcohol plays a not insignificant role (“relative inability to drive”). Anyone who drives inconspicuously with less than 0.5 ‰ as a result of their drinking habits ("alcohol tolerance") does not commit any criminal offense and no administrative offense: Only from 0.5 ‰ driving under the influence of alcohol - even without symptoms - is considered an administrative offense, from 1.1 ‰ always as a criminal offense ( § 315c or § 316 StGB).

    The phenomenon of getting used to alcohol causes the high number of alcohol-related traffic accidents worldwide (= main cause of deaths in traffic). If you get used to alcohol (drinkability), you will no longer experience any alcohol-related impairment of well-being, even with high blood alcohol concentrations. Drivers who are heavily used to alcohol still feel “fit to drive” even with alcohol levels far above BAK 2.0 ‰. There is a lack of awareness of wrongdoing and insight into the dangerousness of behavior - also due to the limited ability to make judgments. The objectively given severe limitation of reaction and attention performance is not recognized as a result of getting used to alcohol. With an unreported figure of around 1: 500, the "success rate" is also extremely high. If the probability of detection is low, there are no effective incentives to change behavior.

    Repeated driving under the influence of alcohol

    In the event of repeated journeys under the influence of alcohol, the driver's license will be withdrawn through administrative channels. The fitness to drive is checked before a new license is issued .

    Drunk driving in non-motorized vehicles

    In the case of non-motorized (i.e. considerably slower) vehicles, the limit for absolute inability to drive is 1.6 ‰. From this value onwards, the driving license authority always has the fitness to drive checked before the first or new driving license (of a motorized vehicle) is issued. For this purpose, an opinion from an officially recognized assessment body for fitness to drive must be submitted. If the cyclist is (still) in possession of a driving license (for a motorized vehicle), it will be withdrawn if the report is not positive. It should be noted, however, that at 1.6 ‰, experts assume that they are used to alcohol and that a positive assessment can only be made if there is a permanent change in drinking habits. Since a permanent change can only be determined after 12 months, the expert has to leave at least one year between the drunk driving and the MPU. However, it is in the general interest to get an assessment of the potentially dangerous road user as quickly as possible, which is why an MPU is usually required earlier and thus almost inevitably leads to the driver's license being withdrawn.

    If such an alcohol ride on the bike is on record before the driving test (e.g. in the case of young people), the driving license authority can order such an opinion later if the person concerned wants to acquire his driving license.

    Jurisprudence

    (incomplete)

    Austria

    A motor vehicle with a maximum gross vehicle weight not exceeding 7.5 tonnes may only be operated or driven if the alcohol content of the driver's blood is less than 0.5 mg / g (0.5 ‰) or the alcohol content of the breath is less than 0.25 mg / l. After long discussions - for example with reference to possible loss of income in the wine-growing and catering sector - this value was reduced from 0.8 mg / g; this limit value still applies to certain types of vehicle, such as steering a bicycle.

    During the probationary period (up to the age of 21 or three years after acquiring the driving license) a driver may have a maximum of 0.1 ‰ alcohol in their blood. This practically means a ban on alcohol, since such a value can already be achieved through natural digestion. This limit also generally applies when driving trucks from 7.5 t and buses. The only exception is for owners of the slang red driver's license . Members of the fire brigade receive this if they can prove the necessary training to drive such vehicles.

    Driving a vehicle while under the influence of alcohol can result in fines and, in the case of values ​​from 0.8 ‰, a temporary withdrawal of driving authorization (at least 4 weeks); From a value of 1.2 ‰, additional training is required, and from 1.6 ‰ or refusal to take the alcohol test, an official medical certificate is also required.

    If there is an accident, however, any measurable alcohol content can have legal consequences, including legal penalties. In the case of serious accidents, conditional imprisonment for a few months is often common, less often unconditional, which is sometimes criticized as being too low. In any case, insurance companies reserve the right to remain exempt from any measurable alcohol content.

    In the past, alcohol controls were rarely and only mainly carried out (with so-called " alcohols "). So-called “pre-test devices” have been in use since 2006, with which any suspicion of alcoholism can be confirmed or refuted very quickly. This enables a significantly higher number of checks per hour. In the event of accidents resulting in personal injury, the alcohol content in the breath is checked for all persons involved.

    Switzerland

    Until December 31, 2004

    Up to December 31, 2004, Switzerland, along with four other countries, had the highest limit in Europe from which the offense of being drunk was given. This limit was 0.8 ‰. If this limit was exceeded, it was not a violation, but a criminal offense. At a level of over 0.8 ‰, if over 1.0 ‰, the driver's license had to be withdrawn (at least two months, if repeated at least a year) and a prison sentence (3 days to 3 years) was often accompanied by one Fine (up to CHF 40,000) imposed. An alcohol content of less than 0.8 ‰ could under certain circumstances be punished as an offense. This was especially the case when accidents occurred while under the influence of alcohol.

    If the driver was encouraged to drink by friends, innkeepers, etc. and there was a possibility that the person concerned would drive a car afterwards, they were prosecuted as accomplices.

    From Art. 91, Para. 1 SVG : Anyone who drives a motor vehicle while drunk is punished with imprisonment or a fine.

    Since January 1, 2005

    The limit value for “simple drunkenness” has been 0.5 ‰ since 2005. Violations will be punished with a fine, but there is not necessarily a ticket withdrawal. From 0.8 ‰, the ticket must be handed in for at least three months, in the case of repetition for at least twelve months. If drunkenness could have played a role in an accident, consequences are also possible with an alcohol content of less than 0.5 ‰.

    The above regulations also apply to cycling. If a cyclist is proven to be drunk, his driver's license can also be withdrawn in addition to the ban on cycling, if the drunk driving on the bike suggests an alcohol problem (so-called withdrawal of security).

    At the same time, the event-free breath alcohol test came into force at the beginning of 2005 . It gives the police the opportunity to carry out an alcohol check without a specific reason (e.g. unusual driving behavior or alcohol smell).

    In addition, there has been zero tolerance for the consumption of illegal drugs such as marijuana , cocaine or heroin since then .

    Since January 1, 2014

    As part of the Via sicura road safety program , driving under the influence of alcohol was banned for certain groups of people (limit value 0.1 per mille), along with other measures. The actual alcohol ban applies to new drivers (holder of a driver's license on trial), learner drivers and their accompanying persons and to professional drivers of trucks and buses.

    Principality of Liechtenstein

    In Liechtenstein , the limit of 0.8 ‰ applies and the regulations are similar to those in Switzerland before January 1, 2005. However, the Principality did not follow suit with Switzerland on this date. In the long term, however, a reduction is planned. However, Liechtenstein would first like to gain experience in connection with the lowering in Switzerland.

    France

    In France, the limit of 0.5 ‰ applies. On July 1, 2012, the legal obligation to carry an alcohol test tube in the car or on a motorized two-wheeler came into force. Violations should be punished with fines. This tube is available for a maximum of 5 € at petrol stations, supermarkets and drug stores and is intended to be used by motorists or motorcyclists for self-testing. However, critics of this legal regulation have argued that drunk drivers in particular knew very well that they were drunk and therefore would not use this tube. In addition, their reliability at extreme temperatures has been questioned. The regulation was therefore overturned in February 2013. Since then, it is no longer necessary to carry alcohol test tubes.

    Sweden

    In Sweden there is a limit of 0.2 ‰. Alcohol tests are also carried out without prior suspicion. If the limit is exceeded, a fine or a prison sentence of up to 6 months will be imposed.

    A prison sentence of up to 2 years is imposed for "serious drunk driving". The limit value for this is not precisely defined, but convictions from 1.0 ‰ are common.

    United States

    In 2002 there were over 500,000 accidents in the United States with 17,000 deaths as a result of drunk driving.

    A limit of 0.8 ‰ (Driving under the influence: DUI) applies in all US states. In the 1980s, the limit was still 1.2 ‰ in some cases. Above 0.5 ‰ there is restricted driving ability (Driving with Impaired Ability).

    In contrast to the German-speaking countries, the traffic stop leading to the DUI arrest cannot take place regardless of suspicion, since according to the 4th Amendment to the constitution, citizens are fundamentally immune to police searches. The delinquent must therefore have made himself conspicuous by improper driving behavior. There must also be clear indications of alcohol consumption (e.g. alcoholised breath odor). The next step is to check the driver's motor functions in the so-called Field Sobriety Test (e.g. standing on one leg). Breath alcohol devices are rarely used because they are considered imprecise on the one hand and you want to assess your actual driving skills on the other. Critics of the method, however, see the danger that even sober people could have difficulties performing the test.

    In the event of suspicion, the driver is handcuffed to the police station, where the alcohol level is reliably checked. Upon confirmation, he is usually made an offer, which in the case of a written declaration of guilt z. B. refrains from being convicted of an additional offense (which led to a traffic stop). Otherwise there will be a trial.

    The penalties for DUI vary from state to state, but are generally quite high. In addition to fines and driving license revocation, there are costs for the procedure, higher insurance premiums and an educational course that also requires complete abstinence for a probationary period. The total cost can run to a few thousand dollars. However, there is a relatively large amount of legal leeway to contest the conviction, which arises from potential errors on the part of the police officers in carrying out the arrest. Many lawyers specialize in this type of procedure.

    A Child Passenger Protection Act (known as Leandra's Law) has been in force in New York since 2009 , under which criminal charges are made for driving a vehicle while under the influence of alcohol or other drugs with children under the age of 16 ride along. New York courts can order that drivers accused of aggravated DUI may only drive a vehicle with an alcohol-based ignition lock for at least one year . The driver bears the costs for acquisition and installation. Drivers who are younger than 21 years of age and have a blood alcohol level of more than 0.2 ‰ when driving must surrender their driver's license for 6 months in the event of a first violation ("Zero Tolerance Law"); in the case of the second offense, the driver's license will be withdrawn for 12 months, but at most until the driver turns 21. In addition, there are fines of $ 125 in both cases. The driver can be required to participate in the New York Drinking Driver Program (DDP) and to install an alcohol ignition lock for a fee . If he buys the driver's license back after the lock-up period, an additional fee of $ 100 will apply.

    For pilots, the limit in the USA is 0.4 ‰, while the limit in Europe is mostly 0.0 ‰.

    Current campaigns

    • Don't drug and drive is a German campaign by insurers' accident research (UDV). It provides information about the effects of individual drugs, explains how a drug control works and shows what criminal and financial consequences can be expected from drug use in road traffic.
    • The Vision Zero in Sweden wants the number of traffic fatalities decrease to zero.
    • Nez Rouge is a Swiss foundation with the aim of reducing the number of traffic accidents as a result of the consumption of medication, alcohol or other drugs. For this purpose, she drives the vehicles of unfit drivers home free of charge during the festive season.

    See also

    Web links

    Commons : Driving under the influence of psychoactive substances  - collection of pictures, videos and audio files

    Individual evidence

    1. ↑ Accidents under the influence of alcohol ... Federal Statistical Office, PDF 845 kB, p. 30
    2. ↑ The first time
    3. ↑ z. B. Absence of workers due to illness (temporarily or through permanent incapacity to work), burden on the insured community, etc.
    4. ↑ current Italian road traffic regulations from October 2015 ( memento from June 19, 2016 in the Internet Archive ), Article 186, PDF 2.7 MB (Italian and German)
    5. ↑ European alcohol limits - overview at ADAC, accessed on August 27, 2018
    6. ↑ Overview Poland at bussgeldkatalog.org, accessed on August 27, 2018
    7. ↑ Alcohol limits - overview at AVD, accessed on August 27, 2018
    8. ↑ No more jail sentences for drunk cyclists. ( Memento from September 30, 2014 in the Internet Archive ) infoseite-polen.de, October 21, 2013 in the web archive
    9. ↑ Error in alcohol test devices: Russia raises the zero-alcohol limit on Spiegel online from July 25, 2013, accessed on June 19, 2016
    10. ↑ Limit value commission (PDF; 9 kB)
    11. ↑ BVerfG, decision of December 21, 2004 , Az.1 BvR 2652/03, full text.
    12. ↑ drogenscreening.info .
    13. ↑ kriminalpolizei.de : Detection of THC in the blood even with passive smoking.
    14. ↑ MMW No. 51–52, 2010 page 26 ff.
    15. ↑ René Kohlenberg: Today unimaginable: Driving a car in the past - tipsy and without a seatbelt. January 7, 2016, accessed on May 22, 2019 (German).
    16. ↑ South German
    17. ↑ § 24c StVG in Germany
    18. ↑ judgment BGH - 4StR 297/90
    19. ↑ BGH, decision of June 28, 1990 , Az. 4 StR 297/90, full text; Further training by BGH, decision of December 9, 1966 , Az. 4 StR 119/66, full text = BGHSt 21, 157.
    20. ↑ BayObLG, decision of September 26, 1972 , Az. RReg 6 St 72/72, Leitsatz; NJW 1973, 566.
    21. ↑ OLG Brandenburg, judgment of June 11, 2008 , Az. 1 Ss 33/08, full text = VRS 115, 302; Krumm, SVR 2009, 21.
    22. ↑ OLG Düsseldorf, judgment of April 19, 1994 , Az. 2 Ss 29/94 - 6/94 III, guiding principle.
    23. ↑ Breath alcohol level and blood alcohol concentration
    24. ^ OLG Zweibrücken, decision of September 27, 2001 , Az. 1 Ss 212/01, full text.
    25. ↑ OLG Nürnberg, decision of December 13, 2010 , Az. 2 St OLG Ss 230/10, full text.
    26. ↑ Alcohol outside of traffic and MPU with a passenger ticket .
    27. ^ VGH Baden-Württemberg, decision of July 29, 2002 , Az. 10 S 1164/02, full text; according to VD - Verkehrsdienst 2002,347 = zfs 2002, 555.
    28. ↑ 0.8 mg alcohol per gram of blood, this is about 0.4 mg alcohol per liter of breath
    29. ↑ Duration of driving license withdrawal in Austria due to unreliable traffic
    30. ↑ «Via sicura»: Second package of measures will be implemented from January 1, 2014 Via sicura: Second package of measures
    31. ↑ Anne Christine Heckmann: Fighting accidents under the influence of alcohol: On the French streets only with alcohol test. tagesschau.de, July 1, 2012, archived from the original on July 4, 2012 ; Retrieved July 1, 2012 .
    32. ^ Leandra's Law Press Conference. Retrieved September 10, 2014 . ; see also : Leandra's Law
    33. ↑ Leandra's Law & ignition interlock devices. Retrieved September 10, 2014 .
    34. ^ New York's Zero Tolerance Law. Retrieved September 10, 2014 .
    35. ^ Website of "Don't drug and drive" ( Memento from October 29, 2016 in the Internet Archive )